Legal Opinion
Heller v. Byrd (In Re Byrd)
United States Bankruptcy Court, E.D. Tennessee
Decided June 21, 1984No. Bankruptcy No. 3-82-01126, Adv. No. 3-83-0865PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
CLIVE W. BARE, Bankruptcy Judge.
This case involves the dischargeability of a claim based on the debtor’s personal guaranty of a corporate debt for the lease of a computer. Plaintiff lessor asserts its claim is nondisehargeable because the debt- or obtained the lease through the use of a materially false personal financial statement, 11 U.S.C.A. § 523(a)(2)(B) (1979). Although his financial statement is irrefrag-ably false, the debtor contends his liability is nonetheless dischargeable because plaintiff’s reliance thereon was not reasonable. Also, the debtor denies he intended to…
2Cases cited15 opinions
- Montana v. United StatesSupreme Court of the United States · 1979
- Gleason v. ThawSupreme Court of the United States · 1915
- In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978
- Waterbury Community Federal Credit Union v. Magnusson (In Re Magnusson)United States Bankruptcy Court, N.D. New York · 1981
- Morimura, Arai & Co. v. TabackSupreme Court of the United States · 1929
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Haney v. Copeland (In Re Copeland)United States Bankruptcy Court, E.D. Tennessee · 2003
- IFG Leasing Co v. Vavra (In Re Harms)United States Bankruptcy Court, D. Minnesota · 1985
- Borg Warner Central Environmental Systems, Inc. v. Nance (In Re Nance)United States Bankruptcy Court, N.D. Texas · 1987
- Members Credit Union v. Kellar (In Re Kellar)United States Bankruptcy Court, N.D. New York · 1989
- Lesman v. Mitchell (In Re Mitchell)United States Bankruptcy Court, N.D. Illinois · 1987
3 more not listed; retrieve them via the Exa API.